Asset Forfeiture Unit

Once an investigation is commenced, Asset Forfeiture Unit (AFU) is alerted and invited to participate so they can determine whether the offences involve proceeds of crime and whether they should be taken forward.

“once an investigation is commenced with, we will send or we will invite Asset Forfeiture into know that there is a new investigation ... their purpose is then to determine ... whether or not the offences as they are, deal with the proceeds of crime and whether or not that must be taken forward”

The Asset Forfeiture Unit is routinely notified of investigations and makes an assessment at the end of the investigation whether a recovery is possible either civilly or criminally.

“every investigation you alert the AFU that you are conducting that investigation ... they will make an assessment at the end ... many matters ... there is not a recovery to be made either in terms of the civil and or the criminal recovery ... but it is practice ... we do refer matters to Asset Forfeiture ... to determine proceeds of crime or instruments of criminality”

Non-conviction based asset forfeiture cases exist that do not require proof of specific crimes, but go through the courts and require an underlying criminality to be proven though not a specific offence.

“There is in existence a dispensation that is not pegged on specific crimes and, but it goes through the courts system. It is not administrative and cases in that context are instituted by the Asset Forfeiture Unit. But although I do not remember the specifics now, I was last engaged in those sorts of cases when I was still in practice. So it also gets rid of the need to prove a specific offence. But I think there should be some, if I still remember the criteria, there should still be some underlying criminality, but you do not have to prove a specific offence for forfeiture to then follow.”